Commonwealth v. Hesser

Massachusetts Appeals Court

Commonwealth v. Hesser

302 N.E.2d 927, 1 Mass. App. Ct. 850, 1973 Mass. App. LEXIS 601

CourtMassachusetts Appeals Court

DecidedNovember 1, 1973

StatusPublished

Cited by1 cases

This text of 302 N.E.2d 927 (Commonwealth v. Hesser) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Hesser, 302 N.E.2d 927, 1 Mass. App. Ct. 850, 1973 Mass. App. LEXIS 601 (Mass. Ct. App. 1973).

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Opinion

This appeal under G. L. c. 278, § 28, brings to us nothing but the docket entries, which indicate that the defendant was fined five dollars for a “parking violation.” The parking regulation involved is not contained in the record or even in the brief by agreement of the parties. See Commonwealth v. Berney, 353 Mass. 571, 572 (1968). The defendant’s two-page brief asserts that his conviction “is clearly contrary to the spirit, concept and tradition of Anglo-American constitutional law,” citing a North Carolina case concerned with off-street metered parking. The brief submitted in his behalf cannot be said to contain an argument as required by Rule 1:15 (1) (d) of the Appeals Court Rules. Lolos v. Berlin, 338 Mass. 10,13-14 (1958). We therefore do not feel called upon to deal further with this case. The brief is struck and the appeal, which borders on the impertinent, is dismissed.

So ordered.

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This appeal under G. L. c. 278, § 28, brings to us nothing but the docket entries, which indicate that the defendant was fined five dollars for a “parking violation.” The parking regulation involved is not contained in the record or even in the brief by agreement of the parties. See Commonwealth v. Berney, 353 Mass. 571, 572 (1968). The defendant’s two-page brief asserts that his conviction “is clearly contrary to the spirit, concept and tradition of Anglo-American constitutional law,” citing a North Carolina case concerned with off-street metered parking. The brief submitted in his behalf cannot be said to contain an argument as required by Rule 1:15 (1) (d) of the Appeals Court Rules. Lolos v. Berlin, 338 Mass. 10,13-14 (1958). We therefore do not feel called upon to deal further with this case. The brief is struck and the appeal, which borders on the impertinent, is dismissed.

So ordered.

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Bluebook (online)

302 N.E.2d 927, 1 Mass. App. Ct. 850, 1973 Mass. App. LEXIS 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hesser-massappct-1973.

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